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HomeMy WebLinkAbout2020.01.24.MM Commission Packet - Zenith Retail Ventures - 1116 E Oakland Ave with agendaLansing City Clerk’s Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695 517-483-4131 517-377-0068 FAX www.lansingmi.gov/clerk city.clerk@lansingmi.gov City of Lansing Medical Marihuana Commission Regular Meeting Friday, January 24, 2020 2:00 PM 2500 S Washington Avenue City Clerk’s Training Room Meeting Agenda 1. Call to Order/Introductions 2. Approval of the Agenda 3. Approval of Minutes from 01-10-2020 4. Public Comment on Agenda Items 5. Commission Appeal Hearings  Zenith Retail Ventures I LLC – 1116 East Oakland Avenue 6. New Business & Updates 7. Public Comment 8. Adjournment Chris Swope Lansing City Clerk Timeline Zenith Retail Ventures 1116 E Oakland Ave Lansing, Michigan 48912 June 26, 2019 – Application submitted ................................................................... 2 July 1, 2019 – Department review of applications begins July 25, 2019 – Distance Maps Created ................................................................. 11 August 13, 2019 – Density Maps Created ............................................................. 12 August 15, 2019 – Notice of Potential Zoning Issue Sent ...................................... 18 October 29, 2019 – Score & Rank Denial Letter Sent ............................................ 22 November 12, 2019 – Hearing Officer Appeal submitted ...................................... 26 December 3, 2019 – Second Score & Rank Second Denial Letter Sent .................. 82 December 3, 2019 – Commission Hearing Date Letter Sent .................................. 81 November 7, 2019 – Commission Appeal Submitted .......................................... 100 Exhibits C & H were removed from the Hearing Officer Appeal because they contained information which was not included in the section of the application being evaluated. Exhibits are now marked with the section they were submitted under. Please refer to affirmations on page 11-12 of this packet for affirmation regarding consideration of documents submitted. 1 -2-2 -3-3 -4-4 -5-5 -6-6 -7-7 -8-8 -9-9 -10-10 -11-11 -12-12 -13-13 -14-14 -15-15 -16-16 -17-17 -18-18 August 15, 2019 Zenith Retail Ventures I LLC c/o Jacob Leebove 1848 Long Lake Shores Dr. Bloomfield Hills, MI 48302 Dear Provisioning Center Applicant, It has been determined that the proposed Provisioning Center to be located 1116 E Oakland Ave is within five hundred feet of another proposed Provisioning Center. Per Lansing City Ordinance Chapter 1300.13(a)(2), no medical marihuana provisioning center shall be located within 500 feet another medical marijuana provisioning center. Chapter 1300.18(a) states that an applicant who does not meet the requirements of 1300.13(a)(1) or (2) may seek a variance from those requirements by submitting with their application a written application to the Board of Zoning Appeals and paying a fee set by Council resolution. Presently, no application for variance has been filed for this provisioning center location. If you wish to apply for a variance, you must submit your appeal to the Board of Zoning Appeals (BZA) within fourteen (14) days of the date of this letter. Should you choose not to apply for a variance, or are denied a variance by the BZA, and both locations are ranked in the top five (5) after scoring is completed and appeals are exhausted, the application with the higher score will be selected. The Board of Zoning Appeals shall either grant or deny the variance within a reasonable time. In determining whether to grant or deny the variance, the BZA shall consider all of the following: (I) The amount of time, if any, that the applicant has been operating in compliance with this chapter at the present location; (II) The extent to which the applicant has demonstrated a commitment to the land use and public nuisance concerns in the surrounding neighborhood; (III) The distance between the applicant’s location and any medical marihuana provisioning center that is within 500 feet of the applicant’s location; (IV) The need for a provisioning center at the location in order to provide the safe and efficient access to medical marihuana within the City; (V) The character of the structure and its surroundings; and Chris Swope Lansing City Clerk -19-19 (VI) The impact of the variance on the character of the structure’s surroundings and owners of other properties in the vicinity. For the BZA application and more information on the review process, please use the following link: https://www.lansingmi.gov/337/Board-of-Zoning-Appeals Should you have additional questions after reviewing the website, please contact Susan Stachowiak, Zoning Administrator at 517-483-4085. Chapter 1300 provides that should an applicant not receive a license, one-half of the application fee shall be returned. This refund will be processed after all appeals are exhausted. Sincerely, Chris Swope, CMMC/MMC Lansing City Clerk CC: City Attorney, Police Chief, Zoning Administrator, ED&P Director -20-20 -21-21 -22-22 October 29, 2019 Zenith Retail Ventures 1 LLC c/o Jacob Leebove 1848 Long Lake Shores Drive Bloomfield Hills, MI 48302 Dear Provisioning Center Applicant, The Lansing City Ordinance section 1300.6 discusses Provisioning Center license application evaluation. Your score of 74.00 out of 100 eliminates the possibility of scoring in the top five. Therefore, your application for licensure is denied. Attached are your sub-scores based on the criteria posted on https://lansingmi.gov/1637/Medical-Marijuana and a brief summary of determining factors for each sub-score. You will not be selected to receive a Provisioning Center license in the City of Lansing for the proposed business at 1116 E Oakland Avenue. You have the right to appeal this denial of licensure within 14 days of the date of this letter by filing with the City Clerk’s Office a written statement setting forth fully the grounds for the appeal pursuant to Chapter 1300.15(c). Please note that initial appeals are referred to a hearing officer appointed by the City Clerk who will review the appeal and information submitted. The hearing officer will consider the information and make a recommendation to the City Clerk, who will make a decision on the appeal. To encourage efficiency, appeals will be conducted as a paper hearing without oral presentation. Please ensure that you include all information in your written appeal that you would like the hearing officer to consider. Appeals are limited to materials provided during the application process. No new application material will be considered on appeal. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. Sincerely, Chris Swope, CMMC/MMC Lansing City Clerk CC: City Attorney Lansing Police Department Chris Swope Lansing City Clerk -23-23 Total Possible Points Zenith Retail Ventur-1116 E. Oakland Applicant Address --- #Category ---Score Location of material Scoring Insights 1 Ownership Structure 1 1 Org Structure doc, 1 pg., Org Docs folder Has ownership structure. 8/23/19 2 Organizational Chart 1 1 Org Chart, 10 pgs. in Org Doc folder Has org chart. 8/23/19 3 Worker Training Program 1 1 Worker Training Plan, 3 pages found in Other Req Docs folder Has plan. 8/23/19 4 Short and Long Term Goals and Objectives 1 1 Goals, 4 pages found in Org Doc folder Has goals. 8/23/19 5 Community Outreach & Education 1 1 Outreach & Ed Plan, 6 pgs. found in Community Outreach folder Has plan. 8/23/19 6 Marketing, Advertising & Promotion 3 1 Marketing Two examples of minor minimization without detail. No budget. Less than the ideal number of minor minimization examples. 9/25/19 7 Tangible Capital Investment Dollar Amount 5 4 1 page Investment Plan Stated TCI is $4,463,878.00 9/12/19 8 Tangible Capital Investment Own/Lease 3 3 82 pages in Lease with Permission One of the stakeholders currently owns the building. 9/24/19 9 Tangible Capital Investment Supporting Material 3 3 Support Documents-6 pages Has supporting materials which exceed stated/calculated TCI. 9/12/19 10 Financial Structure & Financing 2 1 Job Creation-Budget and Finance-Startup Costs GAAP operating budget attached. No startup budget. 8/22/19 11 LARA Pre-Qual 3 3 Demo of Reg Compliance Listed on LARA website as pre-qualified on 8/23/19 #ERG-001863 8/26/19 12 Integration with Grows 4 2 Integrate One stakeholder has two conditionally approved grows in Lansing. 8/23/19 13 Charitable Plans & Strategies 4 4 Charity $100K per year with signed agreements. 8/23/19 14 Number of and job descriptions for PC ONLY 3 2 Job Creation More than six (6) jobs at PC, no job descriptions given. 8/23/19 15 Healthcare 2 2 Job Creation Employer will provide medical and dental insurance. 8/23/19 16 Paid Time Off 1 1 Job Creation Employer will provide paid time off. 8/23/19 17 Retirement 1 1 Job Creation Employer will provide 401K program. 8/23/19 18 % of employees at $15+/hr 3 3 Job Creation 100% of employees will make $15+/hr. 8/23/19 19 Projected Annual Budget 2 2 Job Creation-Budget and Finance-Startup Costs Budget submitted with line item expenses and revenue. 8/22/19 20 Total COL Jobs 6 2 Job Creation 80 Lansing jobs at grow and processor. Considered definitive as one stakeholder has conditionally approved locations. Less than the ideal number of jobs, which is 201+. 8/23/19 Total Business Plan & Job Creation 50 39 21 Financial Litigation History 1 1 Financial Litigation Form Has completed form(s) for all stakeholder(s). 9/24/19 22 Net Worth 3 2 106 Unduplicated pages in Finance Section $100K in a bank account in the applicant’s name.Has solid proof of net worth.Doesn’t have full documentation of initial start-up and operating costs. No way to determine if net worth is enough to cover those costs. 9/12/19 23 LARA Pre-Qual 3 3 Demo of Reg Compliance Listed on LARA website as pre-qualified on 8/23/19 #ERG-001863 8/26/19 24 Stakeholder Experience City of Lansing Businesses 1 1 Experience More than 5 years Lansing business ownership. 8/23/19 25 Stakeholder ExperienceRelevant Businesses 1 1 Experience More than 5 years relevant medical, retail or agricultural experience. 8/23/19 26 Stakeholder Experience Medical Marijuana Business 1 1 Experience More than 5 years MM experience. 8/23/19 Total Financial Stability & Business Experience 10 9 27 Impact on Neighborhood Distance Between PC & Residential Zoning 7 1 https://lansing.maps.arcgis.com/apps/webappviewer/index. html?id=be0634345255438ba55b14c9b19e9f22 PC Property abuts Residential Zoning on 3 sides (N, E, W) 7/25/19 -24-24 28 Impact on NeighborhoodDensity of PCs 7 2 https://lansing.maps.arcgis.com/apps/webappviewer/index.html?id=be0634345255438ba55b14c9b19e9f22 Lose 2 points for every existing PC within a 1/2 mile radius. #19 Lose 1 point for every existing PC within a 1 mile radius. #17Lose .5 point for every existing PC within a 1.5 mile radius. #7, #15, #18 Lose .25 point for every existing PC within a 2 mile radius. #1, #20 Lost 5 points. 8/23/19 29 Traffic & Parking 3 2 Public Service Review Tier II - Adequate parking and circulation. 8/29/19 30 Security Plan 3 3 LPD Review Tier I - proposed site security system quote - alarm, panic, surv., duress, (minimal tech specs but equip models noted), security professional, access cards, safe (no specs), off-site storage noted, commercial locks / doors. 8/20/19 Total - Land Use & Resident Safety 20 8.00 31 Planned Outreach 1 1 Outreach & Ed Plan, 6 pgs. found in Community Outreach folder Has plan. 8/23/19 32 Improvements to Building 3 3 Building ImprovementsImprovement PlanSupport Docs Version 1 SEV-$94,300 (SEV is for 1120 E Oakland) Proposed Improvements $479,679 supported by bid from the Alan Group, Inc. 487% of SEV 8/29/19 33 Plan to Minimize Traffic 1 1 TrafficTraffic PlanVersion 1 Has a plan. 8/29/19 34 Noise Plan 1 1 Noise & Odor Has plan. 8/23/19 35 Odor Plan 4 3 Noise & Odor Has a detailed plan, but no equipment specs or budget/estimates. 8/23/19 Total Outreach 10 9 36 Stakeholder HistoryProof of LARA Prequal 2 2 Demo of Reg Compliance Listed on LARA website as pre-qualified on 8/23/19 #ERG-001863 8/26/19 37 Demo of Regulatory Compliance 5 4 https://bsaonline.com/SiteSearch/SiteSearchDetails?SearchFocus= All+Records&SearchCategory=Address&SearchText=1120+e+oaklan d&uid=384&PageIndex=1&ReferenceKey=33-01-01-10-377-311&ReferenceType=0&SortBy=&SearchOrigin=0&RecordKeyDisplayString=33-01-01-10-377-311&RecordKey=1%3d33-01-01-10-377-311%3a%3a4%3d33-01-01-10-377-311%3a%3a7%3d3a1fb916-24ff-4916-a6dc-9f280125957c&RecordKeyType=1%3d0%3a%3a4%3d0%3a%3a7%3 d2 No conditional denial letters. Has one grass/weed violation which occurred after the stakeholder owned the building. 9/12/19 38 Morals, Good Order & General Welfare Litigation History 3 3 Demo of Reg Compliance Has completed form(s) for all stakeholder(s). 9/24/19 Total Applicant Stakeholder History 10 9 Total Score 100 74.00 -25-25 -26-26 -27-27 -28-28 -29-29 -30-30 -31-31 -32-32 -33-33 -34-34 -35-35 -36-36 -37-37 -38-38 -39-39 -40-40 -41-41 -42-42 -43-43 -44-44 -45-45 -46-46 -47-47 -48-48 -49-49 -50-50 -51-51 -52-52 -53-53 -54-54 -55-55 -56-56 -57-57 -58-58 -59-59 -60-60 -61-61 -62-62 -63-63 -64-64 -65-65 -66-66 -67-67 -68-68 -69-69 -70-70 -71-71 -72-72 -73-73 -74-74 -75-75 -76-76 -77-77 -78-78 -79-79 -80-80 -81-81 -82-82 December 3, 2019 Zenith Retail Ventures I, LLC c/o Jacob Leebove 1848 Long Lake Shores Dr Bloomfield Hills MI 48302 Dear Provisioning Center Applicant, I have reviewed the report and recommendation of the hearing officer on your appeal of the Scoring and Ranking denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 1116 E Oakland Ave. I have accepted the Hearing Officer’s Recommendation to add one point to category #37 – Demonstration of Regulatory Compliance. Based on this recommendation your score has been increased to 75 out of 100. However, this eliminates the possibility of you scoring in the top five. Your application remains denied. You have the right to appeal this denial of licensure to the Medical Marihuana Commission within thirty (30) days of the date of this letter by filing a written statement to the Commission with the City Clerk’s Office. Should you choose to appeal, your Commission Hearing will be held at 2:00 p.m. on Friday, January 24, 2020. Commission Hearings are held at the Clerk’s Marijuana Licensing Unit, 2500 S Washington Ave, Lansing, MI 48910. The Medical Marihuana Commission Appeal will become a matter of public record. The Commission’s review of the appeal shall not be de novo. The Commission shall only overturn, or modify a decision or finding of the Clerk, if it finds such decision or finding to be arbitrary or capricious and not supported by material, substantial, and competent facts on the whole record considered by the Clerk in arriving at such decision or finding. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. Sincerely, Chris Swope, CMMC/MMC City Clerk cc: Lansing City Attorney, Lansing Chief of Police Chris Swope Lansing City Clerk -83-83 Clerk’s Statement of Facts Zenith Retail Ventures – 1116 E Oakland Ave All items submitted were reviewed for the sections they were attached to. It is the Clerk’s Office policy to not allow cure on appeal. Please see attached general instructions and original application where applicant acknowledged failure to attach documents to the correct section could result in loss of points. Section 6 – Marketing Advertising and Promotion – Please refer to COL Exhibits: Public Criteria, Score Sheet with Scoring Insights, and Zenith’s Application Copy with list of attachments for each section and signed attestations. There was no budget for marketing included in this section of the application, only information attached to this section of the application was reviewed for the purpose of scoring this section, therefore Exhibit C was removed. The scoring criteria for round one is irrelevant to this application, as it was submitted for round 2. The appellant was given the current criteria before applying. Section 7 – Tangible Capital Investment Dollar Amount – Please refer to COL Exhibits: Public Criteria and Greenwave Score Sheet with Scoring Insights. Tangible Capital Investment is defined as the purchase of property and permanent changes made to that property. It does not include payroll, charitable giving or sales tax. Exhibit D was removed because it was not considered in scoring this section since it was not attached to this section of the application. Section 10 – Financial Structure and Financing – Please refer to scoring insights and scoring criteria. In the opinion of the Clerk’s Office, the Appellant’s Exhibit E isn’t a line-item start-up budget. Section 12 – Plans to Integrate Grower Facility with Other Establishments – Please refer to public scoring criteria and scoring insights. Appellant has applied for two cultivation licenses. Points were awarded for each feasible grow. Section 14 – Number of and Job Descriptions for this PC Only – See public criteria and scoring insights. The documents provided in Exhibit H, and referred to in appellant’s arguments were not included in this section of their application, therefore they were removed. Section 20 – Total COL Jobs not at this Provisioning Center – See public criteria and scoring insights. PC jobs are not counted in this section, they have their own section where they are considered. Construction jobs are deemed temporary, and therefore not counted. The public criteria stated, “Number of additional jobs created by your stakeholders within the City of Lansing at other medical marijuana facilities types. (Grower/Processor)” Exhibit I was not included in this section of the application, therefore it has been removed. -84-84 Section 22 – Net Worth – See Scoring Insights and Public Scoring Criteria. Without knowing the total amount of start-up costs for a business, the Clerk’s Office contends it is impossible to tell if the net worth is enough to accomplish their plans. Exhibit F is not a line-item budget which adheres to Generally Accepted Accounting Principles. Section 27 – Impact on Neighborhood Distance between PC & Residential Zoning - Please see scoring insights, public scoring criteria, and COL Map Exhibits showing residential zoning. Applicant had access to the public scoring criteria before applying. There is residentially zoned property on three sides. The ordinance source cited by the appellant is not the section of the ordinance cited in the public scoring criteria, which the appellant had access to review before filing the application. Section 35 – Plan to Minimize/Eliminate Odor – See scoring insights and public criteria. Application did not have equipment specs or a budget/estimates included with the Odor Plan. Section 38 – Demonstration of Regulatory Compliance – The Clerk does not dispute the fact that the ticket was issued to 1120 E Oakland Ave and joins the appellant in the assertion that one point should be added back. The error is due to the fact that the appellant’s parcel is actually 1206 E Oakland Ave per the City Assessor. Email Attachments 1. Clerk’s Statement of Facts 2. Clerk’s Denial Letter 3. Zenith Retail Ventures Score Sheet 4. Zenith Retail Ventures’ Hearing Officer Appeal 5. Original Application for Provisioning Center with Attachments Listed and Attestations Signed 6. General Instructions for Submitting Application 7. Public Criteria 8. COL Map – Distance from PC to Residential Zoning -85-85 City of Lansing Hearing Officer Recommendation In Re: Zenith Retail Ventures I, LLC Proposed Location: 1116 E Oakland Ave. Provisioning Center License Denial This recommendation is remitted to the Clerk of the City of Lansing by Hearing Officer Amanda M. Brzezinski, Esq., having reviewed the facts and issues presented upon appeal of medical marihuana provisioning center licensure denial by ZENITH RETAIL VENTURES I, LLC under the Lansing Medical Marihuana Ordinance Chapter 1300 (Chapter 1300). Chapter 1300.15(c) directs that upon notice of denial of licensure applicants may appeal to the City Clerk who shall appoint a hearing officer to hear and evaluate the appeal and submit a recommendation to the Clerk. The recommendation of the Hearing Officer in the aforementioned matter is that the license application for ZENITH RETAIL VENTURES I, LLC remain denied. FACTS ZENITH RETAIL VENTURES I, LLC (“Appellant”) applied to the City of Lansing for a license to operate a Medical Marihuana Provisioning Center within the city limits. This recommendation follows a timely appeal from Appellant. An email dated October 29, 2019, from the City Clerk’s office was sent to the Appellant providing notice of the license application denial, having received a score of 74.00 out of a possible 100 points, eliminating Appellant from top five scoring and the possibility of provisioning center licensure. Within the email sub-scores and their determining factors were provided, as well as a link to the Public Scoring Criteria and appeal rights, grounds, and instructions. Appellant’s Position Appellant disputes the denial and requests a reversal of the City Clerk’s decision to deny licensure on a basis that (1) the Reviewer’s decision was not supported by competent material, and substantial evidence; 2) the Applicant’s scores were based on arbitrary and capricious findings; 3) the Applicant’s scores were based on improper/inconsistent scoring; and 4) scoring methods did not comply with the ordinance. -86-86 2 City Clerk Position The City Clerk affirms its position on the denial based on the current Public Scoring Criteria, Appellant’s Score Sheet with Scoring Insights, the Generally Accepted Accounting Principles, Appellant’s Application Copy with attachment lists for each section, and signed attestations. The City Clerk also asserts Chapter 1300.5(b) and the general legal standard that no right to cure exists upon appeal. APPLICABLE LAW & REASONING The City of Lansing’s (the City’s) authority to issue licenses exists within its lawful police powers to regulate activities affecting public health, safety, and the general welfare of persons and property within the City. The City outlines the appellate procedure by ordinance within the City Charter.1 “The City Council shall provide, by ordinance, a procedure for the issuance of licenses and permits. The ordinance shall, to the greatest extent possible, place the responsibility for the issuance of licenses and permits under one official in order that persons requesting specific licenses and permits will not have to contact more than one City office.”2 Here, the City has placed responsibility for Provisioning Center licensing with the City Clerk. Upon denial of a Provisioning Center License application, Chapter 1300.15(c) permits applicants to appeal the denial with the City Clerk, who shall appoint a hearing officer to evaluate the appeal and submit a recommendation to the Clerk. The Clerk will then review the recommendation and report of the Hearing Officer and render a decision on the matter, which may be further appealed to the Medical Marihuana Commission for judicial review purposes.3 “The Commission's review of an appeal shall not be de novo. The Commission shall only overturn, or modify, a decision or finding of the Clerk if it finds such decision or finding to be arbitrary or capricious and not supported by material, substantial, and competent facts on the whole record considered by the Clerk in arriving at such decision or finding.”4 The Michigan Court of Appeals defined the arbitrary and capricious standard within Cona v. Avondale: 1 See LANSING CITY CLERK’S OFFICE, City of Lansing Charter (as amended) at 8-101.1-.2 (2019) available at: https://library.municode.com/mi/lansing/codes/code_of_ordinances?nodeId=CHLAMI_ART8REPOCO_CH1LI_8- 102ISLI. 2 Id. at 8-102. 3 City of Lansing, Michigan Ordinance No. 1217 Sec. 1300.15(c), available at https://library.municode.com/mi/lansing/codes/code_of_ordinances/327011?nodeId=COOR_PT12PLZOCO_TIT6Z O_CH1300MEMAES_1300.05LIAPSU. 4 Id. at 1300.03(e). -87-87 3 "'[A]rbitrary' means fixed or arrived at through an exercise of will or by caprice, without consideration or adjustment with reference to principles, circumstances or significance, and 'capricious' means apt to change suddenly, freakish or whimsical. For instance, a reason is arbitrary and capricious if it is based on prejudice, animus or improper motives."5 This recommendation will cogitate the arbitrary and capricious definition above when examining the submitted appeal for lack of material facts used within Scoring Criteria determinations, errors, prejudice, animus, or improper motives on the part of the City Clerk in the denial of the Provisioning Center license. The City of Lansing has enacted Chapter 1300 – Marihuana Operations (the Ordinance) within its Codified Ordinances, outlining the licensing and regulation of Marihuana activities within the City to serve the public purpose of protecting the public health, safety, and welfare of the residents of the City. Chapter 1300 is referenced on the City Clerk’s Public Scoring Criteria, and will be referenced for application submission requirements. Marketing, Advertising & Promotion (Application Section 6) Appellant was awarded 1 of 3 possible points on the scoring sheet. The Phase 2 Public Scoring Criteria for Section 6 references 1300.05(b)(12)(iii) of Chapter 1300 which states: “(b)A complete application for a license or licenses required by this chapter shall be made under oath on forms provided by the City Clerk, and shall contain all of the following: … (12)A copy of the proposed business plan for the establishment, including, but not limited to, the following: … (iii)A proposed marketing, advertising, and business promotion plan, including plans to minimize the exposure of marketing or promoting marihuana products to minors”6 The Phase 2 Medical Marijuana Provisioning Centers Public Scoring Criteria sheet (Scoring Criteria Sheet) lists the following criteria for the section: “Minimization of Exposure to Minors List methods/type, and how to reduce chances of exposure to minors for each, including a budget and examples.”7 Appellant contends that a comprehensive Marketing, Advertising, and Promotion Plan was submitted with their application. Exhibit B shows examples of Appellant’s promotional materials, and a plan was submitted within the Section 6 application attachments. Section 6 Scoring Criteria points applicants to the language of 1300.05(b)12(iii) where a business plan is called for, specifically calling out plans to minimize the exposure of marketing 5 See Cona v Avondale Sch Dist, 303 Mich App 123; 842 NW2d 277 (2013). 6 City of Lansing, Michigan Ordinance No. 1217 Sec. 1300.05(b)(12)(iii). 7 City of Lansing Medical Marijuana Provisioning Center Phase 2 Scoring Criteria, available at: https://www.lansingmi.gov/DocumentCenter/View/7907/Final-Phase-2-Criteria---June-14-2019?bidId=. -88-88 4 or promotion of marihuana products to minors. Appellant’s Exhibit B materials do have small typeface at the bottom of the materials stating products should be kept out of reach of minors and are intended for use by individuals 21 years and older, but no plan or budget to effectuate how the plan will be carried out is included within Exhibit B for review. Appellant’s application shows no budget was submitted within the Section 6 application materials, which would lead a reasonable person to believe that anything in the submitted plan was speculative, as there were not financial, line-item allocations dictating exactly how the included plan would be implemented. The application states that for items to be considered for scoring in application sections, they must be included as an attachment within that section.8 Without descriptions of actions, methods, or efforts by the Appellant to minimize exposure to minors aside from small disclaimers on promotional materials, it is reasonable to not award points for substance that does not exist within Section 6 of the application’s submitted materials. Appellant’s Exhibit C was not included in Section 6 of the application, therefor it cannot be considered for scoring attributes as Chapter 1300.05(b)(12)(iii) of the Ordinance states a complete application shall be submitted, and attempts to cure upon appeal will not be recognized as those efforts are impermissible in general state appellate practice where review available on appeal is to the record originally submitted and reviewed.9 The award of 1 of 3 possible points in this case was not unreasonable. The granting of limited availability licenses to best-scoring applicants, in an effort to ensure successful businesses within the city limits, is reasonable with the City keeping the best interests of the customers who will rely upon the business in mind, as well as the City’s best interests in mind of a thriving community including business that will not draw upon City resources due to incomplete planning, but will instead contribute to the area’s success. The City Clerk’s scoring determination in this section was not unreasonable, arbitrary or capricious, and competent, substantial evidence exists within the record to demonstrate proper, consistent scoring occurred in line with the Ordinance. Tangible Capital Investment - Dollar Amount (Section 7) The Public Scoring Criteria Sheet references 1300.05(b)(12)(iv) of the Ordinance which states: “Planned tangible capital investment in the City, including detail related to the number and nature of applicant's proposed medical marihuana establishments in the City and whether the locations of such establishments will be owned or leased; further, if multiple licenses are proposed, an explanation of the economic benefits to the City and job creation, if any, to be achieved through the award of such multiple licenses. Supporting factual data shall be included with the response to this subsection” 8 CITY OF LANSING, Marijuana Operations Application General Instructions, available at https://lansingmi.gov/DocumentCenter/View/7848/Marijuana-Operations-Application-General-Instructions-. 9 See Napier v. Jacobs, 429 Mich. 222, 232-35 (1987). -89-89 5 The public Scoring Criteria states points will be awarded for: “Total Capital Investment (TCI), stated in dollar amounts and supported by factual data, which will directly benefit the City of Lansing, including all types of medical marihuana facilities. Consideration of whether facility is definite, feasible, or speculative. Clarification 6/14/19: After reviewing the total TCI from the Top 20 Provisioning Centers in Phase 1, we determined the average TCI was over $4 million. Scoring in this category will be distributed accordingly, starting at 1⁄2 million of tangible capital investment.” Appellant provided Exhibit D seeking the award of an additional point within Section 7, however, Exhibit D’s “Sources of Funds/Financial Structure” was not included within the supporting materials within Section 7, as such it cannot be considered for review of the Clerk’s decision against the Appellant’s Scoring Insights for any arbitrary or capricious findings. The insights listed on the Appellant’s Provision Center Ranking sheet do not provide information into why an additional point was not awarded beyond “Stated TCI is $4,463,878.00”. The Public Scoring Criteria above states that scoring will be distributed accordingly, starting at $500,000 of TCI, but no further explanation was provided on the Provision Center Ranking Sheet. This lack of explanation does not automatically award an additional point to the Appellant’s score, but could serve as a basis for finding the City Clerk’s scoring determination was not documented by competent, substantial evidence to demonstrate proper, consistent scoring in line with the Ordinance. The lack of explanation provided within the Scoring Insights on the Provision Center Ranking sheet equally offsets Appellant not providing any evidence for examination within their exhibits that were submitted with the application to show the criteria was fulfilled to warrant the award of an additional point. The burden of proof exists for the party seeking a relief, so maintaining the points awarded is reasonable as the Appellant has failed to meet their evidentiary burden. Financial Structure & Financing (Section 10) Chapter 1300.05(b)(12)(vii) of the Ordinance states: “[a] complete application for a license or licenses required by this chapter shall be made under oath on forms provided by the City Clerk, and shall contain … [a] copy of the proposed business plan for the establishment, including, but not limited to … [f]inancial structure and financing of the proposed medical marihuana establishment(s)”10 The Ordinance above requires that a complete application be submitted to the City Clerk including but not limited to financial structure and financing. The Public Scoring Sheet Criteria also informs applicants: 10 City of Lansing, Michigan Ordinance No. 1217 Sec. 1300.05(b)(12)(vii). -90-90 6 “Points awarded for evidence and explanation of the financial structure and financing for the proposed medical marijuana establishment(s) based upon (GAAP) general accepted accounting principles”11 The Public Scoring Sheet Criteria clearly advises applicants that points will be awarded for evidence and explanation of the financial structure. The burden is on the applicant to clearly present both evidence and an explanation, as to not leave the City Clerk’s office piecing together an applicant’s financial structure with assumptions. The burden was on the Appellant to explain with effectively presented evidence that “working capital” actually meant “start-up” costs, as the 2 terms are not synonymous in the least, not upon the Clerk to inherently know the detail of Appellant’s business plan. Start-up costs are the expenses incurred during the process of creating a new business. These can be quite different from a typical annual budget, therefor it could reasonably be seen as an appropriate measure to break them out in their own budget – especially when they are being reviewed by a city with many interests to balance within the licensing process with limited licenses to grant. Essential to the start-up effort is the creation of a business plan – a detailed map of the new business to be created. A business plan forces consideration of the different start-up costs for the business. Underestimating expenses will falsely increase expected net profit. The City Clerk’s scoring determination was not unreasonable; points cannot be awarded without explicit, clear, evidence and indicia within a licensing application. No additional points should be awarded gratuitously with assumptions. This stance is consistent in line with previous scoring determinations and the Ordinance. Plans to Integrate Grower Facility with Other Establishments (Section 12) Two of four possible points were awarded to the Appellant in Section 12 of the Scoring Sheet. The Provisioning Center Scoring Criteria points applicants to Chapter1300.05(b)(12)(ix) which states: “If a medical marihuana grower facility(ies) are proposed, plans to integrate such facility(ies) with other proposed medical marihuana establishments and a statement whether the medical marihuana grower facility will grow 1,000 plants or more and the square footage of the building(s) housing such grower facility, and if so, will the facility contain more than 10,000 square feet of space;”12 The Scoring Criteria states: “Points awarded for evidence which documents ownership of licensed (or pending application for) medical marijuana grow operations within the City of Lansing.”13 11 City of Lansing Medical Marijuana Provisioning Center Scoring Criteria. 12 City of Lansing, Michigan Ordinance No. 1217 Sec. 1300.05(b)(12)(ix). 13 City of Lansing Medical Marijuana Provisioning Center Scoring Criteria. -91-91 7 Appellant has not attached any evidence beyond a statement in Exhibit G that says they intend to integrate with their cultivation facility, which may or may not be already acquired. The 2 points awarded for the integration with one of the Appellant’s stakeholders conditionally approved grow facilities – both of whom have pending applications – are reasonable, not arbitrary or capricious, and competent, substantial evidence does exists within the submitted record to show the City Clerk’s scoring of applicable submissions was consistent scoring in line with the Ordinance. Number of and Job Descriptions for this Provisioning Center Only (Section 14) Section 14 of the Medical Marijuana Provisioning Centers Scoring Criteria sheet cites Chapter 1300.05(b)(23) of the Ordinance, which states a complete application shall contain: “An estimate of the number and type of jobs that the medical marihuana establishment is expected to create, the amount and type of compensation expected to be paid for such jobs, and the projected annual budget and revenue of the medical marihuana establishment.”14 The Public Scoring Criteria advises that points will be awarded for providing the: “Number of and job descriptions for FTE (Full‐time Equivalent) jobs at this provisioning center ONLY”15 The City Clerk states within the Scoring Insights and Appellant concedes that no job descriptions were submitted within Section 14 for the more than 6 positions at the Provisioning Center. As discussed above regarding the lack of submitting appropriate documentation and evidence, receiving less points than the maximum award is reasonable, and competent, substantial evidence does exist on the record to justify not receiving the maximum award. Appellant points to Exhibit H as job description supporting materials, but it is more likely that Appellant’s counsel intended Exhibit I to serve as job description supporting materials, and Exhibit H to serve as job creation supporting documentation. Even so, the job description supporting materials provided were not attached within the correct, corresponding application section and therefore were not considered for scoring in that section and now cannot be considered as an attempt to cure upon appeal. 14 City of Lansing, Michigan Ordinance No. 1217 Sec. 1300.05(b)(23). 15 City of Lansing Medical Marijuana Provisioning Center Scoring Criteria. -92-92 8 Total City of Lansing Jobs (Section 20) Section 20 of the Scoring Criteria directs applicants to Chapter 1300.05(b)(12)(v) which states a proposed business plan shall be submitted with the license application for the establishment, including “[e]xpected job creation from the proposed medical marihuana establishment(s)”16 The Scoring Criteria advises that points shall be awarded for the: “[n]umber of additional jobs created by your stakeholders within the City of Lansing at other medical marijuana facilities types (Grower/Processor).”17 Within the application, Appellant counted Provisioning Center jobs which are awarded points in Section 14, within this section as well, where they cannot be considered for the awarding of points. The construction and trade jobs referenced by Appellant are understood to be temporary and not eligible for consideration in scoring, as no evidence was supported that they were permanent positions. Whether Appellant submitted a plan indicating 80 or 100 total jobs, Appellant still falls short of what other competing Provisioning Centers have been able to provide documentation and evidence for within their submitted business plans. It is reasonable and in the best interest of the City Clerk to award points using knowledge gained within the provisioning center licensing process to date as this is a ranking process for a limited number of licenses. The City Clerk’s scoring determination in this section was not unreasonable, arbitrary or capricious, and competent, substantial evidence exists to demonstrate proper, consistent scoring occurred in line with the Ordinance. Appellant’s Exhibit I was not included within Section 20 of the application and will not be considered in this assessment for the reasons previously discussed. Net Worth (Section 22) Provisioning Centers Scoring Criteria cites four areas as its ordinance source. The first is MCL333.27402(3)(a) which states: “(3) In determining whether to grant a license to an applicant, the board may also consider all of the following: (a) The integrity, moral character, and reputation; personal and business probity; financial ability and experience; and responsibility or means to operate or maintain a marihuana facility of the applicant and of any other person that meets either of the following: (i) Controls, directly or indirectly, the applicant. (ii) Is controlled, directly or indirectly, by the applicant or by a person who controls, directly or indirectly, the applicant.”18 16 City of Lansing, Michigan Ordinance No. 1217 Sec. 1300.05(b)(12)(v). 17 City of Lansing Medical Marijuana Provisioning Center Scoring Criteria. 18 MMFLA, MCL § 333.27402(3)(a). -93-93 9 Appellant failed to submit a line-item start-up budget in accordance with the Generally Accepted Accounting Principles, an American business standard.19 A line-item start-up budget lends to the recommended consideration of the financial ability, responsibility and means to operate or maintain a marihuana facility. As previously discussed, there is no way for a reviewer to know the Appellant’s “working capital” line item was the start-up budget and plan. Without the inclusion of an industry standard such as a line-item start-up budget, it is not unreasonable, arbitrary or capricious for the City Clerk to not award maximum points for missing information and it is consistent with past scoring practices. The Provisioning Centers Scoring Criteria next points to Chapter 1300.05(b)(12)(vii) which states the proposed business plan for the establishment shall include the “[f]inancial structure and financing of the proposed medical marihuana establishment(s)”20 The third citation of the Section 22 ordinance source is Chapter 1300.05(b)(22) which states a complete application includes: “[v]erification, including copies of actual bank statements, showing that the applicant has minimum net worth of $100,000.00 in the applicant's name.”21 The final citation of the Section 22 ordinance source is Chapter 1300.06(b)(5) which directs the City Clerk to assess: “Whether the applicant has reasonably and tangibly demonstrated it possesses sufficient financial resources to fund, and the requisite business experience to execute, the submitted business plan and other plans required by Section 1300.05.”22 Appellant failed to reasonably and tangibly articulate with granular detail what the expected start-up costs would be, which makes it impossible for a reviewer to determine whether ZENITH RETAIL VENTURES I, LLC possessed sufficient financial resources. No additional points should be awarded when financial clarity and thorough explanation have not been distinctly articulated within the license application and materials attached within that section. Here, the record affirms that the City Clerk’s scoring determination in this section was not unreasonable, arbitrary or capricious, and competent, substantial evidence exists to demonstrate proper, consistent scoring occurred in line with the Ordinance. Impact on Neighborhood Distance between Provisioning Center & Residential Zoning (Section 27) Section 27 of the Scoring Criteria sheet directs applicants to Chapter 1300.06(b)(2) of the Ordinance which states the City Clerk shall assess: 19 Jason Hall, What is GAAP, The Motley Fool (Jul. 30, 2019), https://www.fool.com/investing/what-is-gaap.aspx. 20 City of Lansing, Michigan Ordinance No. 1217 Sec. 1300.05(b)(12)(vii). 21 City of Lansing, Michigan Ordinance No. 1217 Sec. 1300.05(b)(22). 22 City of Lansing, Michigan Ordinance No. 1217 Sec. 1300.06(b)(5). -94-94 10 “[w]hether the proposed establishment will be consistent with land use for the surrounding neighborhood and not have a detrimental effect on traffic patterns and resident safety.”23 The Scoring Criteria sheet advises that points are awarded considering: “[d]istance between residential zoned areas and applicant's provisioning center. Evaluation is based on whether any residential property abuts the proposed location, and if not, whether there is residential zoning within 1/4 mile of the proposed location.24 Appellant contends that it is permissible to operate a medical marihuana provisioning center at the location of 1116 E. Oakland, which is true. Permissible and lawful does not equate to preferred, or deserving of points when Scoring Criteria that is publicly available states explicitly that avoiding abutting residentially zoned property will result in greater points awarded as it is in the City’s best interest to place business environments at a distance from residential environments for both commercial and residential interests. No further points should be awarded within Section 27 and the City Clerk’s scoring determination in this section was not unreasonable, arbitrary or capricious. Competent, substantial, and blatant evidence exists demonstrating that proper, consistent scoring occurred in line with the Ordinance. Plan to Keep Traffic out of Neighborhoods (Section 29) Chapter 1300.06(b)(2) of the Ordinance directs the City Clerk to rank and score applicants based on “[w]hether the proposed establishment will be consistent with land use for the surrounding neighborhood and not have a detrimental effect on traffic patterns and resident safety.”25 The Scoring Criteria informs applicants that points will be awarded based upon a “[r]eview of [the] location site and any plan(s) the applicant has provided which would minimize the traffic and parking impact on nearby neighborhoods.”26 The City Clerk cited on the Scoring Insights that adequate parking and circulation did exist, and noted “Tier II”. No other insight as to what the referenced tier system entails is available. The fact that a tier structure exists asserts that there is a formula for which the scoring is calculated from, which would be reasonable for an office charged with balancing interests in a heavily populated, urban area. Without more information the Clerk’s decision to withhold a point cannot be assessed, and competent, substantial evidence is not within the record for demonstrating that singular point was rightly or wrongfully withheld. Appellant did not include exhibits in their brief of any reviews or plans that were submitted with the application on Section 29 to minimize traffic and parking impact, or evidence demonstrating 23 City of Lansing, Michigan Ordinance No. 1217 Sec. 1300.06(b)(2). 24 City of Lansing Medical Marijuana Provisioning Center Scoring Criteria. 25 City of Lansing, Michigan Ordinance No. 1217 Sec. 1300.06(b)(2). 26 City of Lansing Medical Marijuana Provisioning Center Scoring Criteria. -95-95 11 that the parking spaces and circulation of the location would minimize impact on the abutting residentially zoned properties. Without evidence to support their claim that they were erroneously denied a point, they have not met their burden of proof compelling the award of an additional point. Odor Plan (Section 35) The Provisioning Centers Scoring Criteria states up to four points will be awarded for: “Any plan(s) the applicant has provided which would minimize or eliminate the impact of increased odor on nearby neighborhoods. Please document in budget of expenditures.”27 Chapter 1300.06(b)(3) of the Ordinance states: “Planned outreach on behalf of the proposed establishment, and whether the applicant or its stakeholders have made, or plan to make, significant physical improvements to the building housing the medical marihuana establishment, including plans to eliminate or minimize traffic, noise, and odor effects on the surrounding neighborhood.”28 Chapter 1300.09(i) states: “No medical marihuana provisioning center shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors detectable to normal senses beyond the boundaries of the property on which the medical marihuana provisioning center is operated; or any other nuisance that hinders the public health, safety and welfare of the residents of the City.”29 The City Clerk awarded 3 of a possible 4 points for this section because Appellant did not provide equipment specifications and documentation of estimates, or the budget for the equipment or odor plan in the section of the application which is requested within the Scoring Criteria. As mentioned earlier, lack of detail and thoroughness within the application reasonably results in less points awarded in the Provisioning Center Ranking, which is not arbitrary or capricious, and is consistent with the Ordinance. Demonstration of Regulatory Compliance (Section 38) Appellant asserts and the City Clerk concurs that a point was erroneously withheld from Section 38 for a grass height/weed violation that was not issued to Appellant’s actual property, which per the City Assessor is 1206 E Oakland Ave., but was to another property that is actually 1120 E. Oakland Ave., which is not the Appellant’s property. The City Clerk agrees with Appellant that 27 Id. 28 City of Lansing, Michigan Ordinance No. 1217 Sec. 1300.06(b)(3). 29 Id. Sec. 1300.09(i). -96-96 12 the 4 points awarded should be corrected to 5 points, as the violation was the only issue withholding the 5th possible point that was initially not awarded. CONCLUSION After reviewing the following: 1. Appellant’s brief and the Exhibits that were initially attached to the appropriate, corresponding application sections, 2. The City Clerk’s Statement of Facts 3. The Lansing Medical Marihuana Ordinance Chapter 1300 4. The Provisioning Center Ranking Sheet with Scoring Insights 5. The Signed Application for Provisioning Center with attachments listed and signed attestations 6. General Instructions for Submitting (a provisioning center) Application 7. The publicly available Scoring Criteria 8. LARA’s Advisory Bulletin on CPA Attestations 9. The American Institute of CPAs Definition of Compilation 10. The physical location of Appellant’s proposed provisioning center at 1116 E. Oakland Ave. The recommendation of the Hearing Officer formed above is that Appellant’s application for a Provisioning Center license remain denied. Respectfully Submitted, /s/ Amanda M. Brzezinski Amanda M. Brzezinski, Esq., Hearing Officer P83413 Dated: November 30, 2019 -97-97 Total Possible Points Zenith Retail Ventur-1116 E. Oakland Applicant Address --- #Category ---Score Location of material Scoring Insights 1 Ownership Structure 1 1 Org Structure doc, 1 pg., Org Docs folder Has ownership structure. 8/23/19 2 Organizational Chart 1 1 Org Chart, 10 pgs. in Org Doc folder Has org chart. 8/23/19 3 Worker Training Program 1 1 Worker Training Plan, 3 pages found in Other Req Docs folder Has plan. 8/23/19 4 Short and Long Term Goals and Objectives 1 1 Goals, 4 pages found in Org Doc folder Has goals. 8/23/19 5 Community Outreach & Education 1 1 Outreach & Ed Plan, 6 pgs. found in Community Outreach folder Has plan. 8/23/19 6 Marketing, Advertising & Promotion 3 1 Marketing Two examples of minor minimization without detail. No budget. Less than the ideal number of minor minimization examples. 9/25/19 7 Tangible Capital Investment Dollar Amount 5 4 1 page Investment Plan Stated TCI is $4,463,878.00 9/12/19 8 Tangible Capital Investment Own/Lease 3 3 82 pages in Lease with Permission One of the stakeholders currently owns the building. 9/24/19 9 Tangible Capital Investment Supporting Material 3 3 Support Documents-6 pages Has supporting materials which exceed stated/calculated TCI. 9/12/19 10 Financial Structure & Financing 2 1 Job Creation-Budget and Finance-Startup Costs GAAP operating budget attached. No startup budget. 8/22/19 11 LARA Pre-Qual 3 3 Demo of Reg Compliance Listed on LARA website as pre-qualified on 8/23/19 #ERG-001863 8/26/19 12 Integration with Grows 4 2 Integrate One stakeholder has two conditionally approved grows in Lansing. 8/23/19 13 Charitable Plans & Strategies 4 4 Charity $100K per year with signed agreements. 8/23/19 14 Number of and job descriptions for PC ONLY 3 2 Job Creation More than six (6) jobs at PC, no job descriptions given. 8/23/19 15 Healthcare 2 2 Job Creation Employer will provide medical and dental insurance. 8/23/19 16 Paid Time Off 1 1 Job Creation Employer will provide paid time off. 8/23/19 17 Retirement 1 1 Job Creation Employer will provide 401K program. 8/23/19 18 % of employees at $15+/hr 3 3 Job Creation 100% of employees will make $15+/hr. 8/23/19 19 Projected Annual Budget 2 2 Job Creation-Budget and Finance-Startup Costs Budget submitted with line item expenses and revenue. 8/22/19 20 Total COL Jobs 6 2 Job Creation 80 Lansing jobs at grow and processor. Considered definitive as one stakeholder has conditionally approved locations. Less than the ideal number of jobs, which is 201+. 8/23/19 Total Business Plan & Job Creation 50 39 21 Financial Litigation History 1 1 Financial Litigation Form Has completed form(s) for all stakeholder(s). 9/24/19 22 Net Worth 3 2 106 Unduplicated pages in Finance Section $100K in a bank account in the applicant’s name.Has solid proof of net worth.Doesn’t have full documentation of initial start-up and operating costs. No way to determine if net worth is enough to cover those costs. 9/12/19 23 LARA Pre-Qual 3 3 Demo of Reg Compliance Listed on LARA website as pre-qualified on 8/23/19 #ERG-001863 8/26/19 24 Stakeholder Experience City of Lansing Businesses 1 1 Experience More than 5 years Lansing business ownership. 8/23/19 25 Stakeholder ExperienceRelevant Businesses 1 1 Experience More than 5 years relevant medical, retail or agricultural experience. 8/23/19 26 Stakeholder Experience Medical Marijuana Business 1 1 Experience More than 5 years MM experience. 8/23/19 Total Financial Stability & Business Experience 10 9 27 Impact on Neighborhood Distance Between PC & Residential Zoning 7 1 https://lansing.maps.arcgis.com/apps/webappviewer/index. html?id=be0634345255438ba55b14c9b19e9f22 PC Property abuts Residential Zoning on 3 sides (N, E, W) 7/25/19 -98-98 28 Impact on NeighborhoodDensity of PCs 7 2 https://lansing.maps.arcgis.com/apps/webappviewer/index.html?id=be0634345255438ba55b14c9b19e9f22 Lose 2 points for every existing PC within a 1/2 mile radius. #19 Lose 1 point for every existing PC within a 1 mile radius. #17Lose .5 point for every existing PC within a 1.5 mile radius. #7, #15, #18 Lose .25 point for every existing PC within a 2 mile radius. #1, #20 Lost 5 points. 8/23/19 29 Traffic & Parking 3 2 Public Service Review Tier II - Adequate parking and circulation. 8/29/19 30 Security Plan 3 3 LPD Review Tier I - proposed site security system quote - alarm, panic, surv., duress, (minimal tech specs but equip models noted), security professional, access cards, safe (no specs), off-site storage noted, commercial locks / doors. 8/20/19 Total - Land Use & Resident Safety 20 8.00 31 Planned Outreach 1 1 Outreach & Ed Plan, 6 pgs. found in Community Outreach folder Has plan. 8/23/19 32 Improvements to Building 3 3 Building ImprovementsImprovement PlanSupport Docs Version 1 SEV-$94,300 (SEV is for 1120 E Oakland) Proposed Improvements $479,679 supported by bid from the Alan Group, Inc. 487% of SEV 8/29/19 33 Plan to Minimize Traffic 1 1 TrafficTraffic PlanVersion 1 Has a plan. 8/29/19 34 Noise Plan 1 1 Noise & Odor Has plan. 8/23/19 35 Odor Plan 4 3 Noise & Odor Has a detailed plan, but no equipment specs or budget/estimates. 8/23/19 Total Outreach 10 9 36 Stakeholder HistoryProof of LARA Prequal 2 2 Demo of Reg Compliance Listed on LARA website as pre-qualified on 8/23/19 #ERG-001863 8/26/19 37 Demo of Regulatory Compliance 5 5 https://bsaonline.com/SiteSearch/SiteSearchDetails?SearchFocus= All+Records&SearchCategory=Address&SearchText=1120+e+oaklan d&uid=384&PageIndex=1&ReferenceKey=33-01-01-10-377-311&ReferenceType=0&SortBy=&SearchOrigin=0&RecordKeyDisplayString=33-01-01-10-377-311&RecordKey=1%3d33-01-01-10-377-311%3a%3a4%3d33-01-01-10-377-311%3a%3a7%3d3a1fb916-24ff-4916-a6dc-9f280125957c&RecordKeyType=1%3d0%3a%3a4%3d0%3a%3a7%3 d2 No conditional denial letters. Has one grass/weed violation which occurred after the stakeholder owned the building. 9/12/19 One point added back. Violation was not for this address. 12/3/2019 38 Morals, Good Order & General Welfare Litigation History 3 3 Demo of Reg Compliance Has completed form(s) for all stakeholder(s). 9/24/19 Total Applicant Stakeholder History 10 10 Total Score 100 75.00 -99-99 -100-100 -101-101 -102-102 -103-103 -104-104 -105-105 -106-106 -107-107 -108-108 -109-109 -110-110 -111-111 -112-112 -113-113 -114-114 -115-115 -116-116 Documents Submitted for Marketing -117 117 Documents Submitted for Marketing -118 118 Documents Submitted for Marketing -119 119 Documents Submitted for Marketing -120 120 Documents Submitted for Marketing -121 121 Documents Submitted for Marketing 122 122 Documents Submitted for Marketing -123 123 Documents Submitted for Marketing -124 124 Documents Submitted for Budget -125-125 Documents Submitted for Budget -126 126 Financial Documents - Finance -127 127 Financial Documents - Finance 128-128 Financial Documents - Finance -129 129 Financial Documents - Finance -130 130 Financial Documents - Finance Section -1-131 Financial Documents - Finance Section -2-132 Financial Documents - Finance Section -3-133 Financial Documents - Finance Section -4-134 Financial Documents - Finance Section -5-135 Financial Documents - Finance Section -6-136 Financial Documents - Finance Section -7-137 Financial Documents - Finance Section -8-138 Financial Documents - Finance Section -9-139 Financial Documents - Finance Section -10-140 Financial Documents - Finance Section -11-141 Financial Documents - Finance Section -12-142 Financial Documents - Finance Section -13-143 Financial Documents - Finance Section -14-144 Financial Documents - Finance Section -15-145 Financial Documents - Finance Section -16-146 Financial Documents - Finance Section -17-147 Financial Documents - Finance Section -18-148 Financial Documents - Finance Section -19-149 Financial Documents - Finance Section -20-150 Integration Section -1-151 Integration Section -2-152 Org Docs Section Submission -1-153 Org Docs Section Submission -2-154 Org Docs Section Submission -3-155 Org Docs Section Submission -4-156 Org Docs Section Submission -5-157 Org Docs Section Submission -6-158 Org Docs Section Submission -7-159 Org Docs Section Submission -8-160 Org Docs Section Submission -9-161 Org Docs Section Submission -10-162 Org Docs Section Submission -11-163 TCI Section Submission -1-164 TCI Section Submission -2-165 Building Improvement Submission -1-166 Building Improvement Submission -2-167 Odor Plan Submission -1-168 Odor Plan Submission -2-169 Odor Plan Submission -3-170 Odor Plan Submission -4-171 Odor Plan Submission -5-172 Odor Plan Submission -6-173 Odor Plan Submission -7-174 Building Improvement Submission -1-175